Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:

Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2011-08-23
NMA Reporter NMA Reporter is offline
Senior Member
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation Texas Appeals Court Upholds License Scanners for Traffic Stops

Article: Texas Appeals Court Upholds License Scanners for Traffic Stops

Justice Hollis HortonPolice in Texas have the right to stop motorists if a license plate recognition camera system suspects the vehicle's owner lacks automobile insurance. In an unpublished ruling last Wednesday, a three-judge panel of the Texas Court of Appeals refused the attempt by Kenneth Ray Short to have a March 2010 traffic stop declared illegal.

Officer Daniel McGrew's patrol car had been equipped with an automated license plate recognition system (ALPR, also known as ANPR in the UK) that photographed and recorded the identity of every passing vehicle. When Short drove past, an instantaneous computerized database search returned a result that Short's insurance coverage was "unconfirmed for 45 days or more and expired." Sometimes, when the system returns just that the plate is "unconfirmed" it means the Department of Insurance database is unable to say whether or not the vehicle is insured, and it is the police department's policy not to stop such vehicles. In this case, the system claimed Short's car had not been insured since December 6, 2009, so McGrew conducted a traffic stop.

Short appealed, citing an appellate decision last year that found a traffic stop could not be based on a report that insurance information for a vehicle was unavailable. The three-judge panel disagreed with Short because the information returned was far more complete and Officer McGrew testified that he believed the system was "very accurate."

"It is our opinion that the trial court could reasonably conclude that a reasonably objective officer could form a reasonable suspicion based on the evidence provided from the database inquiry in this case, and from that information, the officer could have formed a reasonable belief that the car Short was driving was not covered by an insurance policy," Justice Hollis Horton wrote. "Because the trial court, on the facts before it, could reasonably choose to believe Officer McGrew's testimony and decide to deny Short's motion to suppress evidence, we overrule Short's sole issue on appeal."

Short was convicted of possessing less than three ounces of marijuana. The Texas Department of Insurance set up the TexasSure Vehicle Insurance Verification database in June 2008. Companies like InsureNet had hired lobbyists hoping to convince the legislature to use a version of the database to issue automated uninsured motorist tickets, generating millions in revenue.

A copy of the unpublished decision is available in a 115k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Wisconsin Appeals Court Upholds Stop Over Quick Backing NMA Reporter Economics & Politics 0 2010-10-04 21:17
Federal Court Upholds Illegal Traffic Camera Evidence NMA Reporter Economics & Politics 0 2010-04-01 11:32
Indiana Appeals Court: Concealed Carry Not A License To Be Searched NMA Reporter Economics & Politics 0 2010-03-11 00:24
Wisconsin Appeals Court Upholds Warrantless GPS Spying NMA Reporter Economics & Politics 0 2009-05-08 09:59
Texas Court Busts Camera Company for Operating Without License NMA Reporter Economics & Politics 0 2008-12-04 00:30

All times are GMT -4. The time now is 16:53.

©2019 SpeedTrapHunter